As driving a school bus is NOT in Virginia accident lawyer Doug Landau’s job description, he would not be covered by the Herndon law firm ABRAMS LANDAU’s workers’ comp insurance coverage.
Would you be eligible for Workers’ Comp if you were injured at work while performing a task that is outside of your normal job description?
For example, suppose your boss tells you to climb a ladder to re- stock an item, even though stocking merchandise is not part of your regular job, and you fall off the ladder, injuring your back.
In another, more dramatic example, Herndon Virginia Workers’ Compensation lawyer Doug Landau of
Abrams Landau, Ltd. once had a client who was a lumber yard forklift operator. This worker – whose job was defined as forklift operation – lost his arm when he was told by his boss to
cut some wood for a customer, even though his English was limited (he had just arrived from Russia) and he had never before used an industrial saw. The Abrams Landau team was able to secure benefits under a Workers’ Compensation (WC) claim.
In Virginia, a WC claim can be pursued if an injury “arose in the course and scope” of your employment. In the forklift operator example, even though using a saw was not in the man’s job description, Landau was able to argue that it was within the course and scope of his employment. Generally, WC benefits include:
- medical bills
- time lost from work (with a doctor’s note)
- medications
- medical equipment that is reasonable, authorized, causally related, and by written referral
However, the Virginia Workers’ Compensation Act does
not include benefits for:
- physical pain
- discomfort
- inconvenience
- mental distress
- loss of future raises or bonuses
Only an experienced Workers’ Compensation lawyer can help determine what benefits can be realistically expected, the time it will take, and the difficulty of the claim.
If you or someone you know was injured in a workplace accident and there are questions as to what laws apply,
email or call Abrams Landau, Ltd. at once (703-796-9555).
